The majority of employers and employees in Ontario are governed by the Ontario Employment Standards Act, 20001 (the ESA). The ESA outlines the minimum standards that both employers and employees must follow with respect to such topic

What does the Employment Srandards Act Cover?

The ESA covers a wide range of employment standards including: minimum requirements for workplaces; provisions to assist employees with family responsibilities; increased flexibility in work arrangements; and mechanisms for compliance and enforcement. Subjects covered under the ESA include:

• Posting Requirements
• Hours of Work
• Eating Periods
• Rest Periods
• Wages and Overtime
• Minimum Wage
• Pregnancy and Parental Leave
• Personal Emergency Leave
• Family Medical Leave
• Public Holidays
• Vacation
• Termination and Severance of Employment
• Temporary Layoffs
• Equal Pay for Equal Work
• Temporary Help Agencies
• Enforcement and Compliance

Employers and employees cannot contract out of or waive these minimum standards.  However, if a provision in an agreement gives an employee a greater right or benefit than a minimum employment standard under the ESA then that provision applies to the employee.

Also – remember the Ontario Employment Standards Act only contains certain rules affecting work in Ontario. There are other provincial and federal legislation that govern issues such as workplace health and safety, human rights and labour relations. Related Ontario laws include the Occupational Health and Safety Act, the Workplace Safety and Insurance Act, 1997, the Labour Relations Act, 1995, the Pay Equity Act, and the Human Rights Code.

What does the employment standards act of Ontario not cover?

• such issues such as mployees and employers in sectors that fall under federal jurisdiction (examples are airlines, banks, the federal civil service, post offices, radio and television stations and inter-provincial railways)
• Individuals working  under a program approved by a college of applied arts and technology or university
• high school work experience programs authorized by the school board that operates the school in which the student is enrolled
• People who do community participation under the Ontario Works Act, 1997
• Police officers
• Inmates taking part in work or rehabilitation programs
• professionals like politicians, judges religious people and elected union officials
• Some crown employees
• some diplomatic personnel
• A participant in community participation under the Ontario Works Act, 1997
• A member of a quasi-judicial tribunal – like the criminal compensation board

For more information give Matt Lalande a call or email him at matt@employment-law.ca